1. As to each real estate listed in the separate sheet between the Plaintiff, Defendant C and D, Defendant C and D District Court.

1. Determination as to the claim against Defendant C and D (hereinafter “Defendant C, etc.”)

A. Although Defendant C et al. reported that there was a lien on each real estate listed in the separate sheet in the auction procedure of real estate auction conducted upon the Plaintiff’s application as a collateral security holder, Defendant C et al. did not possess each real estate listed in the separate sheet until the time the registration for commencement of voluntary auction was entered. Furthermore, Defendant D et al. did not have a lien on each real estate listed in the separate sheet, since Defendant C et al. prepared and delivered a letter of waiver of the right of retention to the Plaintiff and gave up the right

B. In a lawsuit seeking confirmation of non-existence of a lien, if the plaintiff asserted to deny the fact of non-existence of the lien seeking confirmation by specifying the claim first, the defendant who raised the claim bears the burden of proving the non-existence of the lien.

(See Supreme Court Decision 2013Da99409 Decided March 10, 2016 (see, e.g., Supreme Court Decision 2013Da9409, Mar. 10, 2016). However, the said Defendants are merely asserting the facts of the cause of the claim for construction payment, which is the preserved claim, and do not assert any assertion and proof as to the facts of the cause of the lien, such as the possession of each real estate listed in the separate sheet, and thus, the said Defendants’ lien

Rather, comprehensively taking account of the overall purport of evidence Nos. 1 through 5, the Plaintiff entered as to the portion of KRW 1/4 of the real estate listed in the attached list of the Do governor, and KRW 5 of the real estate; KRW 338,000,000 of the maximum debt amount; KRW 3356, Feb. 6, 2015; KRW 1/4 of the real estate listed in the attached list of the Do governor No. 18654, Feb. 6, 2015; KRW 338,00,000,000 among the real estate listed in the attached list of the Do governor No. 18654, Feb. 6, 2015; and KRW 1/4 of the real estate listed in the attached list of the Do governor and the maximum debt amount.